Solidarity Contribution
Texto da decisão
REF TMS 14506
Decision of the
Dispute Resolution Chamber
passed on 19 December 2024
regarding solidarity contribution for the transfer of the player
El Bilal TOURE
BY:
Ms. Lívia Silva Kägi (Brazil & Switzerland), Deputy Chairwoman
of the sub-committee of the Dispute Resolution Chamber
CLAIMANT:
IVOIRE ACADEMIE,
RESPONDENT:
STADE DE REIMS, France
Page 2 of 11
REF TMS 14506
I. FACTS OF THE CASE
Player:
El Bilal TOURE
Date of birth:
3 October 2001
Player passports:
- issued by the Fédération Ivoirienne de Football (FIF):
Year
Birthday
Club(s)
Registration dates
Status
13
th
2014
IVOIRE ACADEMIE
01/07/14
31/12/14
Amateur
2015
14
th
IVOIRE ACADEMIE
01/01/15
31/12/15
Amateur
2016
15
th
IVOIRE ACADEMIE
01/01/16
31/12/16
Amateur
2017
16th
IVOIRE ACADEMIE
01/01/17
31/12/17
Amateur
2018
17th
IVOIRE ACADEMIE
01/01/18
31/12/18
Amateur
2019
18
IVOIRE ACADEMIE
01/01/19
30/06/19
Amateur
th
- issued by the Fédération Malienne de Football (FEMAFOOT):
Year
Birthday
Club(s)
Registration dates
Status
2017
16th
AFRIQUE FOOTBALL ELITE
02/08/17
31/12/17
Amateur
2018
17th
AFRIQUE FOOTBALL ELITE
01/01/18
31/12/18
Amateur
2019
18
AFRIQUE FOOTBALL ELITE
01/01/19
19/09/19
Amateur
th
Date of registration:
9 January 2020, from AFRIQUE FOOTBALL ELITE (Mali) to STADE DE
REIMS (France)
Financial conditions:
EUR 750,000 due on 15 February 2020;
EUR 200,00 bonus for 1st starting eleven participation;
25% sell-on over amounts received beyond EUR 3,000,000:
o
On 1 September 2022, the player went from STADE DE
REIMS (France) to U.D. Almería SAD (Spain) for EUR
8,000,000 as follows:
EUR 666,666.66 due on 30 October 2022;
EUR 666,666.66 due on 30 April 2023;
EUR 666,666.67 due on 30 October 2023;
EUR 666,666.67 due on 30 April 2024;
Page 3 of 11
REF TMS 14506
EUR 666,666.67 due on 30 October 2024;
EUR 666,666.67 due on 30 April 2025;
EUR 666,666.67 due on 30 October 2025;
EUR 666,666.67 due on 30 April 2026;
EUR 666,666.67 due on 30 October 2026;
EUR 666,666.67 due on 30 April 2027;
EUR 666,666.67 due on 30 October 2027; and
EUR 666,666.67 due on 30 April 2028.
Outstanding
amounts
become
automatically due 14 days after player
leaves U.D. Almería SAD.
Up to EUR 4,000,000 in bonuses:
EUR 1,000,000 bonus if U.D. Almería SAD
stays in 1st division;
EUR 500,000 bonus if player reaches 30
appearances;
EUR 500,000 bonus if player reaches 50
appearances;
EUR 500,000 bonus if player reaches 70
appearances;
EUR 500,000 bonus if player reaches 80
appearances;
EUR 500,000 bonus if player U.D. Almería
SAD reaches UEFA Europa League;
EUR 500,000 bonus if player reaches 20
goals or assists;
EUR 500,000 bonus if player reaches 30
goals or assists;
EUR 500,000 bonus if player reaches 40
goals or assists;
EUR 500,000 bonus if player is top goal
scorer of the league;
25% sell-on over the profit of a subsequent transfer
from U.D. Almería SAD to a third club:
On 4 August 2023, the player went from
U.D. Almería SAD (Spain) to ATALANTA
BERGAMASCA C. SRL (Italy) for:
o
EUR 7,000,000 due on 4 August 2023;
o
EUR 7,000,000 due on 31 July 2024;
Page 4 of 11
REF TMS 14506
o
EUR 7,000,000 due on 31 July 2025;
o
EUR 7,000,000 due on 4 August 2026;
o
Up to EUR 3,000,000 in bonuses:
EUR 250,000 bonus if
ATALANTA BERGAMASCA C.
SRL wins Italian Cup;
EUR 250,000 bonus if player
is top scorer of the league;
EUR 750,000 bonus on the
first two occasions
ATALANTA BERGAMASCA C.
SRL reaches group stage of
UEFA Champions League;
EUR 250,000 bonus on the
first two occasions
ATALANTA BERGAMASCA C.
SRL reaches group stage of
UEFA Europa League
EUR 250,000 bonus on the
first two occasions
ATALANTA BERGAMASCA C.
SRL reaches group stage of
UEFA Conference League
15% sell-on over the profit of a subsequent
transfer from ATALANTA BERGAMASCA C.
SRL (Italy) to a third club.
Claimant club:
IVOIRE ACADEMIE (Côt
Respondent club:
STADE DE REIMS (France)
Claim and Response:
1.
On 9 August 2024, the Claimant, requested the payment by the Respondent of a sum
corresponding to 20% of the due solidarity contribution, plus 5% interest p.a. as of the
due dates of payment.
Page 5 of 11
REF TMS 14506
2.
The Claimant emphasized on its claim that the FIF player passport shows the player was
registered with it from 1 July 2014 until 30 June 2019.
3.
The Claimant requests to receive solidarity contribution over the sell-on triggered with
the
U.D. Almería SAD.
4.
The Claimant considers that U.D. Almería SAD paid to the Respondent the amount of
EUR 12,000,000 and that 25% sell-on over the amount of EUR 3,000,000 would result on
an additional payment of EUR 2,250,000 (EUR 12,000,000 EUR 3,000,000 x 25%) by the
Respondent and that solidarity contribution should be applied over it.
5.
The Claimant requested being entitled to receive 20% of the due solidarity contribution
over the abovementioned EUR 2,250,000 sell-on payment it considered made by the
Respondent.
6.
In accordance with the information uploaded by the Claimant in TMS, the latter is of the
opinion that the player left it in July 2017, as a minor and without the request of an ITC,
to join AFRIQUE FOOTBALL ELITE in Mali.
7.
The Claimant argues the player would have changed his identity with the
abovementioned move.
8.
The Claimant provided as evidence two identification passports attributed to the player,
9.
The Claimant requests that any registration of the player that overlaps with the one of
the FIF player passport should be attributed to the Claimant.
10.
The Respondent did not reply to the claim.
II. LEGAL CONSIDERATIONS
Applicable law:
Regulations on the Status and Transfer of Players (RSTP): January 2020
edition
the Dispute Resolution Chamber (Procedural Rules): March 2023 edition
Jurisdiction:
Yes, uncontested
Admissible:
Yes, uncontested
Page 6 of 11
REF TMS 14506
Decision:
1.
The Claimant is requesting the payment of its portion of solidarity contribution, which it
considers to be equal to 20% of the total solidarity contribution generated.
2.
The registration history based on the player passports issued by FIF and FEMAFOOT is
disputed.
3.
On the one hand, the FIF player passport states the player was registered with its
affiliated club, the Claimant, uninterruptedly between 1 July 2014 and 30 June 2019.
4.
On the other hand, the FEMAFOOT player passport provides the information the player
was registered with AFRIQUE FOOTBALL ELITE between 2 August 2017 and 30 June 2019.
5.
In accordance with the information provided by the Claimant within TMS,
(Claimant) apprendra, en marge des jeux de la francophonie
.
6.
The Claimant also states that
pour la première fois
dans lesquelles un tel
mineur et que le Joueur était sous contrat avec un club
.
7.
In light of the information available in TMS, as well as the one provided by the member
associations and Claimant, the Single Judge considers the player registered:
a. in Ivory Coast until 31 July 2017; and
b. in Mali from 2 August 2017 onward.
8.
In light of the above, the Claimant is entitled to receive solidarity contribution for the
registration period between 1 July 2014, at the age of 13, and 31 July 2017, at the age of
16, resulting on 17.48% of the due solidarity contribution.
9.
The Respondent paid to former club, up until this moment, and in accordance with the
information available on TMS, as well as the submissions of the Claimant:
a. EUR 750,000 on 15 February 2020;
b. EUR 200,000 bonus for the first starting eleven participation
Page 7 of 11
REF TMS 14506
i. Abovementioned payments dealt with on TMS 9641, a previous claim
involving both Claimant and Respondent.
c. 25% sell-on over amounts received beyond EUR 3,000,000:
i. On 1 September 2022, the player went from the Respondent to U.D.
Almería SAD (Spain) for EUR 8,000.000, resulting in a sell-on entitlement
to the former club of EUR 1,250,000 ((EUR 8,000,000
EUR 3,000,000) x
25%).
10.
In light of the above, the Claimant is entitled to receive 17.48% of the due solidarity
contribution over the EUR 1,250,000 sell-on payment made by the Respondent to the
former club on 15 September 2023, following the receipt of the fixed fee from U.D.
Almería SAD.
11.
The 5% of solidarity contribution over the sell-on payment in the amount of EUR
1,250,000 represents EUR 62,500.
12.
In light of the above, the Claimant is entitled to receive EUR 10,925.00 (17.48% of the
due solidarity contribution).
13.
as per the due
date
14.
In this respect, the well-established jurisprudence of the DRC applies interests as from
the first overdue day for the payment of solidarity contribution.
15.
The Respondent paid the sell-on to the former club on 15 September 2023.
16.
As a result, the Claimant is entitled to receive 5% interests per annum as from the date
at which solidarity contribution became overdue to the Claimant, that is to say as from
16 October 2023.
17.
The interest rate of 5% per annum on EUR 10,925.00 shall apply until the date of
effective payment of the outstanding training compensation and its applicable interest.
18.
In view of all the above, the claim of the Claimant is partially accepted and the Claimant
shall receive EUR 10,925.00 as solidarity contribution, plus 5% interest p.a. on that
amount, as from 16 October 2023 until the date of effective payment.
Page 8 of 11
REF TMS 14506
19.
Procedural costs in the maximum amount of USD 25,000 may be levied for decisions
passed by the subcommittee of the DRC in disputes related to solidarity contribution
(cf. art. 18 par. 1 of the Procedural Rules).
20.
The Claimant requested being entitled to receive 20% of the due solidarity contribution
over the abovementioned EUR 2,250,000 sell-on payment it considered made by the
Respondent, i.e. EUR 22,500.
21.
Thus, it is determined that the costs of the current proceedings shall be valued at USD
5,000.
22.
In view of the degree of success of the Claimant, the costs shall be equally divided by
both parties.
Page 9 of 11
REF TMS 14506
III. DECISION
1.
The claim of the Claimant, IVOIRE ACADEMIE, is partially accepted.
2.
The Respondent, STADE DE REIMS, has to pay to the Claimant the amount of
EUR 10,925 as solidarity contribution plus 5% interest p.a. as from 16 October 2023,
until the date of effective payment.
3.
Any further request of the Claimant is rejected.
4.
Full payment shall be made to the bank account indicated in the enclosed Bank
Account Registration Form.
5.
Pursuant to article 24 of the Regulations on the Status and Transfer of Players if full
payment (including all applicable interest) is not paid within 45 days of notification
of this decision, the following consequences shall apply:
1. The Respondent shall be banned from registering any new players, either
nationally or internationally, up until the due amount is paid. The maximum
duration of the ban shall be of three entire and consecutive registration periods.
2. The present matter shall be submitted, upon request, to the FIFA Disciplinary
Committee in the event that full payment (including all applicable interest) is still
not paid by the end of the of the three entire and consecutive registration
periods
6.
The consequences shall only be enforced at the request of the Claimant in
accordance with article 24 paragraphs 7 and 8 and article 25 of the Regulations on the
Status and Transfer of Players.
7.
The final costs of the proceedings in the amount of USD 5,000.00 are to be paid to
FIFA reference to case no. TMS 14506 (cf. note relating to the payment of the
procedural costs below) as follows:
a. The amount of USD 2,500.00 shall be paid by the Claimant; and
b. The amount of USD 2,500.00 shall be paid by the Respondent.
For the Single Judge of the sub-committee of the Dispute Resolution Chamber:
Emilio García Silvero
Chief Legal & Compliance Officer
Page 10 of 11
REF TMS 14506
NOTE RELATED TO THE APPEAL PROCEDURE:
Pursuant to article 58 paragraph 1 of the FIFA Statutes, this decision may be appealed before
the Court of Arbitration for Sport within 21 days of notification.
NOTE RELATED TO PUBLICATION:
FIFA may publish this decision. For reasons of confidentiality, FIFA may decide, at the request
of a party within five days of the notification of the motivated decision, to publish an
anonymised or a redacted version (cf. article 20 of the Procedural Rules).
CONTACT INFORMATION:
Fédération Internationale de Football Association Legal & Compliance Division
396 Alhambra Circle, 6th floor, Coral Gables, Miami, Florida, USA 33134
www.fifa.com | legal.fifa.com | [email protected] | T: +41 (0)43 222 7777
Page 11 of 11